Balois v March [2011] NSWDC 192

District Court New South Wales

Medium Neutral Citation: Balois v March [2011] NSWDC 192 Hearing dates: 06/12/2011 Decision date: 06 December 2011 Jurisdiction: Civil Before: Levy SC DCJ Decision: 1.The summons filed by the appellant on 31 August 2011 is dismissed; 2.The orders made by the Small Claims Assessor in the Local Court on 24 June 2011 are confirmed; 3.The appellant is to pay the costs of the respondent to the dismissed summons; 4.The exhibits may be returned; 5.Liberty to apply on 7 days notice if further orders are required. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: AMINISTRATIVE LAW - appeal from decision of Small Claims Assessor in Local Court - whether appellant has established a denial of procedural fairness Legislation Cited: Local Court Act 1982, s 39(2) Category: Principal judgment Parties: Evalita Balois (Appellant) Judy March (Respondent) Representation: (Appellant in person) (Respondent in person) File Number(s): 2011/280540 (Wollongong) Decision under appeal Jurisdiction: 9109 Citation: March v Balois Date of Decision: 2011-06-24 00:00:00 Before: Ms D Harvey, Small Claims Assessor File Number(s): 2011/145675 (Albion Park)